Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2016] FWCA 206

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(AG2015/6304)

SIEMENS LTD BUILDING TECHNOLOGIES NSW SERVICE AND

CONSTRUCTION ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry

COMMISSIONER ROE

MELBOURNE, 12 JANUARY 2016

Application for approval of the SIEMENS LTD Building Technologies NSW Service and

Construction Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the

SIEMENS LTD Building Technologies NSW Service and Construction Enterprise Agreement

2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work

Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy,

Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a

single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment

to any employee covered by the Agreement and that the undertakings will not result in

substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing

and Allied Services Union of Australia, being a bargaining representative for the Agreement,

has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance

with s.201(2) I note that the Agreement covers the organisation.
[2016] FWCA 206

[5] The Agreement was approved on 12 January 2016 and, in accordance with s.54, will

operate from 19 January 2016. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 206

ANNEXURE A

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the SIEMENS LTD Building Technologies NSW Service and Construction Enterprise Agreement 2014-2017, under Section 185 of the Fair Work Act 2009. The agreement was to cover the electrical contracting industry and was submitted for consideration by Commissioner Roe in Melbourne on 12 January 2016. The Union provided written undertakings to the Commissioner, which were satisfactory and did not cause financial detriment to employees or result in substantial changes to the agreement. The Commissioner was satisfied that the requirements of sections 186, 187, 188, and 190 of the Act had been met, and that the group of employees covered by the agreement was fairly chosen.

The legal issues that the Commissioner was required to decide were whether the agreement met the requirements of the Fair Work Act, whether the agreement covered a fairly chosen group of employees, and whether the agreement would not cause financial detriment to any employee covered by the agreement. The Commissioner determined that the agreement met all the requirements of the Act and that the group of employees was fairly chosen. Additionally, the Commissioner was satisfied that the written undertakings provided by the Union would not cause financial detriment to any employee covered by the agreement.

The Commissioner approved the SIEMENS LTD Building Technologies NSW Service and Construction Enterprise Agreement 2014-2017 on 12 January 2016, and it will operate from 19 January 2016. The nominal expiry date of the agreement is 31 October 2017. The Union had given notice under Section 183 of the Act that it wanted the agreement to cover it, and the Commissioner noted that the agreement covered the organisation.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established